Tennessee Administrative Office of the Courts

This case presents for review the decision of the Court of PPeals, reversing the trial court, that the action of retaliatory discharge "for refusing to remain silent about illegal activities" does not require a showing that the employer expressly or implicitly directed the employee to remain silent about the illegal activitey. This Court affirms the decision and ratoinale of the Court of Appeals.

The case is before the Court on a petition for writ of mandamus. This is one of three cases1 in which landowners have filed suit against U.S. Sprint Communications Company (Sprint), asserting claims for inverse condemnation and trespass and seeking certification as a class action. Buhl v. Sprint and the instant case, Meighan, have been before this Court on appeal.2 The relief sought is an order directing the trial court in McCumber v. Sprint to vacate its order certifying a class action and to defer to the trial court in this case on that issue. The Court, heretofore, entered an order staying the proceedings in all three cases pending this hearing.

In this capital case, the defendant, Michael Dean Bush, was convicted of Although not relevant to this appeal, the trial judge imposed a three-year sentence concurrent to the death penalty for the burglary conviction. 2 "Whenever the death penalty is imposed for first degree murder and when the judgment has become final in the trial court, the defendant shall have the right of direct appeal from the trial court to the Court of Criminal Appeals. The affirmance of th e conviction and the sentence of death shall be automatically reviewed by the Tennessee Supreme Court. Upon the affirmance by the Court of C rim inal Appeals, th e clerk shall docket the case in the Supreme Court and the case sha ll proceed in accordance with the T ennessee Rules of Appellate Procedure.” -2- premeditated first degree murder and first degree burglary.1 In the sentencing hearing, the jury found two aggravating circumstances: (1) “[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;” and (2) “[t]he murder was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of the defendant or another.” Tenn. Code Ann. § 39-13-204(i)(5) and (6) (1991). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution.